SyncWand Software License Agreement

Copyright (c) 2005-2006 SyncWand. All rights reserved.

By downloading this product, you agree to the terms and conditions of this agreement.

1. SOFTWARE

The capitalized term "Software" used below refers to SyncWand Version 1.2, any updates to the software, any supplemental code provided to you by the creators and contributors, the user manual, any associated software components, any related media and printed materials, and any "online" or electronic documentation.

2. EVALUATION

The Software is distributed as try before you buy. Anyone may use the Software during an evaluation period of 21 days. Following evaluation period of 21 days or less, if you wish to continue to use the Software, you must register.

3. REGISTRATION

To register you must complete the registration form and pay the registration fee. This can be done from the following web page: http://www.syncwand.com/buy/

Once registered, you'll receive a license key ("License Key"). To register your copy of the Software, you should use the License Key as described by the instructions on the registration screen displayed during your use of the Software.

The user is granted a non-exclusive license to use the registered Software on as many computers as the number of License Key purchased, for any legal purpose.

4. EVALUATION VERSION DISTRIBUTION

The unregistered evaluation version of the Software may be freely distributed with the following restrictions:

a. The origin of this Software must not be misrepresented; you must not claim that you wrote the Software.

b. You may not modify or create derivative works of this Software, or reverse engineer, or decompile binary portions of it, or otherwise attempt to derive the source code from such portions.

c. You may not sell, rent, loan or otherwise encumber this Software in whole or in part, to any third party.

d. Redistributions must reproduce this license agreement in the documentation and/or other materials provided with the distribution.

e. Hacks/cracks, keys or key generators may not be included with the distribution.

5. RESTRICTIONS

The Software is confidential and copyrighted. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You may not sell, rent, loan or otherwise encumber this Software in whole or in part, to any third party.

6. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

7. TERMINATION

This agreement is effective until terminated. You may terminate this agreement at any time by destroying all copies of Software. This agreement will terminate immediately without notice if you fail to comply with any provision of this agreement. Upon Termination, you must destroy all copies of the Software.

8. GOVERNING LAW

Any action related to this agreement will be governed by Swiss law. No choice of law rules of any jurisdiction will apply.

9. INTEGRATION

This agreement is the entire agreement between the parties relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this agreement. No modification of this agreement will be binding, unless in writing and signed by an authorized representative of each party.